6.—(1) In this paragraph, “” [F1means the claim-related rent decided by the Executive in accordance with paragraph (2A).]
[F2(2A) The Executive shall decide that the claim-related rent is—
(a)where it makes a decision under sub-paragraph (2) of paragraph 1, sub-paragraph (2) of paragraph 2 and sub-paragraph (3) of paragraph 3, the lowest of the 3 rents decided under those sub-paragraphs;
(b)where it makes a decision under only 2 of the sub-paragraphs referred to in head (a), the lower of the 2 rents decided under those sub-paragraphs;
(c)where it makes a decision under only one of the sub-paragraphs referred to in head (a), the rent decided under that sub-paragraph;
(d)where it does not make a decision under any of the sub-paragraphs referred to in head (a), the rent payable under the tenancy of the dwelling at the relevant time.]
F3(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3) F4...The Executive shall also decide the total amount of ineligible charges, as defined in paragraph 7, which it has not included in the claim-related rent because of the assumptions made in accordance with that paragraph.
Textual Amendments
F1Words in Sch. 2 para. 6(1) substituted (with application in accordance with reg. 1(3) (4) of the amending Rule) by The Housing Benefit (State Pension Credit) (Local Housing Allowance) (Amendment) Regulations (Northern Ireland) 2008 (S.R. 2008/102), regs. 1(1), 2(13)(a)(i)
F2Sch. 2 para. 6(2A) inserted (with application in accordance with reg. 1(3) (4) of the amending Rule) by The Housing Benefit (State Pension Credit) (Local Housing Allowance) (Amendment) Regulations (Northern Ireland) 2008 (S.R. 2008/102), regs. 1(1), 2(13)(a)(iii)
F3Sch. 2 para. 6(2) omitted (with application in accordance with reg. 1(3) (4) of the amending Rule) by virtue of The Housing Benefit (State Pension Credit) (Local Housing Allowance) (Amendment) Regulations (Northern Ireland) 2008 (S.R. 2008/102), regs. 1(1), 2(13)(a)(ii)
F4Words in Sch. 2 para. 6(3) omitted (with application in accordance with reg. 1(3) (4) of the amending Rule) by virtue of The Housing Benefit (State Pension Credit) (Local Housing Allowance) (Amendment) Regulations (Northern Ireland) 2008 (S.R. 2008/102), regs. 1(1), 2(13)(a)(iv)
Commencement Information
I1Sch. 2 para. 6 in operation at 20.11.2006, see reg. 1(1)